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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31027
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Within days of making a verbal offer to purchase a co-op apartment

Customer Question

Within days of making a verbal offer to purchase a co-op apartment I requested the co-op management application. I was told that the application is provided when the co-op management receives a signed contract. The signing was executed with a 10% down payment (earnest money). Approximately 1 month later I received the co-op application along with the Co-op House Ground Rules. The House Ground Rules did not match my situation or initial perception; particularly with regards ***** ***** Specifically, my cat, which I am allowed per my signed contract. However, the ground rules specifically state "no cats permitted outside unaccompanied, unrestrained in a carrier or on a leash". I have not closed after being accepted with the co-op board interview. Where I currently rent My cat does go outside in the nice weather; going no farther than several yards from the front door. My question is at what point in my process did I have a right to receive the ground rules? Who is obligated to provided the ground rules? I signed off on the ground rules document because at that point I am already in a contractual, and, financial commitment with the seller.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Roger replied 7 months ago.
Hi - my name is ***** ***** I'll be glad to assist. You should have been entitled to the terms and conditions of purchase -- including the ground rules -- at sometime before you signed the contract.
Expert:  Roger replied 7 months ago.
Generally, it is your duty to investigate and determine all restrictions and covenants on the property before making the purchase......however, the seller generally also has a duty to disclose any known restrictions.....So, it is really a shared duty between both parties prior to contracting.
Expert:  Roger replied 7 months ago.
Thus, if you requested all restrictions from the association and it din't provide this to you, then you could have a claim that the association withheld (intentionally or negligently) material information from you to induce you to purchase the property.
Expert:  Roger replied 7 months ago.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again and have a good day!
Expert:  Roger replied 7 months ago.
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